What is the test for establishing that a plaintiff has a reasonable probability of prevailing at trial?
California, United States of America
The following excerpt is from Albrecht v. Ostler, E054088 (Cal. App. 2013):
To demonstrate a reasonable probability of prevailing on the merits at trial ( 425.16, subd. (b)(1)), "the plaintiff must show both that the claim is legally sufficient and there is admissible evidence that, if credited, would be sufficient to sustain a favorable judgment." (McGarry v. University of San Diego (2007) 154 Cal.App.4th 97, 108-109.)
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